Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- St. Mary's University (44)
- University of Michigan Law School (18)
- Vanderbilt University Law School (9)
- University of Pennsylvania Carey Law School (5)
- Florida State University College of Law (4)
-
- University at Buffalo School of Law (4)
- Cornell University Law School (3)
- Pace University (3)
- Selected Works (3)
- Cleveland State University (2)
- Maurer School of Law: Indiana University (2)
- University of Miami Law School (2)
- University of Missouri-Kansas City School of Law (2)
- American University Washington College of Law (1)
- Brigham Young University Law School (1)
- Columbia Law School (1)
- New York Law School (1)
- Osgoode Hall Law School of York University (1)
- University of Colorado Law School (1)
- University of Connecticut (1)
- University of Richmond (1)
- Washington and Lee University School of Law (1)
- Keyword
-
- St. Mary’s Law Journal (14)
- St. Mary’s University School of Law (14)
- Discrimination (4)
- Social change (4)
- Canada (3)
-
- Civil rights (3)
- Constitutional law (3)
- Inc. (3)
- Law and Society (3)
- Law reform (3)
- Politics (3)
- Race (3)
- Business justification (2)
- Civil rights litigation (2)
- Color (2)
- Competing interests (2)
- Disparate impact (2)
- Divorce (2)
- Equal employment (2)
- Fourteenth Amendment (2)
- Gender and law (2)
- Law (2)
- Law and Economics (2)
- Legal Philosophy (2)
- Liberalism (2)
- Literature (2)
- Marriage (2)
- National origin (2)
- Poverty law (2)
- Race and law (2)
- Publication
-
- St. Mary's Law Journal (44)
- Michigan Law Review (14)
- Vanderbilt Law Review (8)
- All Faculty Scholarship (5)
- Florida State University Law Review (4)
-
- Articles (3)
- Cornell Law Faculty Publications (3)
- Elisabeth Haub School of Law Faculty Publications (3)
- Articles by Maurer Faculty (2)
- Buffalo Law Review (2)
- Faculty Works (2)
- University of Michigan Journal of Law Reform (2)
- Articles & Chapters (1)
- Articles in Law Reviews & Other Academic Journals (1)
- BYU Law Review (1)
- Book Reviews (1)
- Candace Kovacic-Fleischer (1)
- Cleveland State Law Review (1)
- Faculty Articles and Papers (1)
- Faculty Scholarship (1)
- George D. Brown (1)
- Habeas Corpus Committee (1)
- Journal Articles (1)
- Law Faculty Articles and Essays (1)
- Osgoode Hall Law Journal (1)
- Other Publications (1)
- Publications (1)
- Thomas C. Kohler (1)
- University of Richmond Law Review Symposium (1)
- Vanderbilt Law School Faculty Publications (1)
- Publication Type
Articles 91 - 110 of 110
Full-Text Articles in Law
Pitfalls Of Public Policy: The Case Of Arbitration Agreements., Jeffrey W. Stempel
Pitfalls Of Public Policy: The Case Of Arbitration Agreements., Jeffrey W. Stempel
St. Mary's Law Journal
No abstract provided.
Punitive Damages For Breach Of Contract - A Principled Approach., Frank J. Cavico Jr.
Punitive Damages For Breach Of Contract - A Principled Approach., Frank J. Cavico Jr.
St. Mary's Law Journal
No abstract provided.
The Stagnation Of Texas Ground Water Law: A Political V. Environmental Stalemate., Karen H. Norris
The Stagnation Of Texas Ground Water Law: A Political V. Environmental Stalemate., Karen H. Norris
St. Mary's Law Journal
The rapidly increasing Texas population coupled with the scarcity of water resources has created an urgent need for regulation of ground water pumpage. The extraction of ground water in Texas remains largely unregulated. Texas landowners, by virtue of their surface ownership, have property rights in all underlying ground water. As such, Texas landowners have the right to unlimited pumpage of the ground water beneath their land. Texas landowners have jealously guarded this right at the expense of our environment and future water resources. The Texas legislature created conservative underground water districts to help preserve water resources. However, the limited scope …
Under The Boren Amendment, Health Care Providers Have An Enforceable Right, Actionable Under 42 U.S.C. 1983, To Challenge A State's Reimbursement Plan Under The Medicaid Act., C. Lee Cusenbary
St. Mary's Law Journal
No abstract provided.
A Reasonable Belief That A Third Party Had Authority To Consent To A Search Is An Exception To The Warrant Requirement., S. Jeffrey Gately
A Reasonable Belief That A Third Party Had Authority To Consent To A Search Is An Exception To The Warrant Requirement., S. Jeffrey Gately
St. Mary's Law Journal
In Illinois v. Rodriguez, the Supreme Court granted certiorari to determine whether a warrantless search is valid when police rely on consent of a third party whom they reasonably believe had common authority over an area but does not. A reasonable belief that a third party had authority to consent to a search is an exception to the warrant requirement. The Fourth Amendment to the United States Constitution protects people and their possessions by prohibiting unreasonable searches by government authorities. Although this protection extends to any place where a person may claim a reasonable expectation of privacy, it especially protects …
Allowing A Child Abuse Victim To Testify Via One-Way Closed-Circuit Television Does Not Violate A Criminal Defendant's Sixth Amendment Confrontation Clause Right If The Trial Court Specifically Finds Such A Procedure Necessary To Protect The Child's Welfare., Lisa R. Miller
St. Mary's Law Journal
In Maryland v. Craig, the Supreme Court held allowing child abuse victims to testify via one-way closed-circuit television does not violate a criminal defendant’s Sixth Amendment Confrontation Clause right if the trial court finds the procedure necessary to protect the child’s welfare. Although “confront” has generally been interpreted to mean “face-to-face,” on occasion, it may yield to public policy considerations and the compelling necessities of particular cases. The original purpose of the confrontation right was to prevent the accusers in a criminal proceeding from using ex parte affidavits or depositions against a defendant, in lieu of personal testimony. The Craig …
Gender And Race Bias Against Lawyers: A Classroom Response, Suellyn Scarnecchia
Gender And Race Bias Against Lawyers: A Classroom Response, Suellyn Scarnecchia
Articles
In reviewing other clinicians' approaches to teaching about bias, I identified problems that eventually led me to design a two-hour class session on bias against lawyers. The following is a review of a few other teaching methods and a description of my own approach, detailing its own strengths and weaknesses. This is not an exhaustive review of all possible approaches to bias. It is offered to promote classroom discussion of bias against lawyers and to invite the development of innovative alternatives to my approach.
English-Only Rules And The Right To Speak One's Primary Language In The Workplace, Juan F. Perea
English-Only Rules And The Right To Speak One's Primary Language In The Workplace, Juan F. Perea
University of Michigan Journal of Law Reform
This Article analyzes the issues raised by English-only rules and the decisions discussing these rules. Part I reviews the leading cases on English-only rules. The Article then explores several issues that must be considered in deciding any English-only rule case under Title VII. Part II addresses whether speaking one's primary language should constitute a protected right as an aspect of national origin under Title VII. This Article argues that primary language should be protected under Title VII for several reasons: the courts and the EEOC construe the term "national origin" broadly; primary language constitutes a fundamental aspect of ethnicity and …
Regulating Regulators: The Legal Environment Of The State, David S. Cohen
Regulating Regulators: The Legal Environment Of The State, David S. Cohen
Elisabeth Haub School of Law Faculty Publications
In this paper I focus on the ability of tort law to reduce primary costs, or losses associated with the number and seriousness of accidents. In one sense I will be analysing the state as if it were a private firm in which losses suffered by private individuals and firms are externalities. Several years ago Mark Spitzer wrote a paper on this topic in which he posited several models of state activity and analysed the incentive effects of liability rules in each case. In my view Spitzer's general conclusion - the rule which may be synthesized from all of the …
Afterword: Voices And Violence-- A Dialogue, Ellen Wright Clayton, Jay Clayton
Afterword: Voices And Violence-- A Dialogue, Ellen Wright Clayton, Jay Clayton
Vanderbilt Law School Faculty Publications
When organizing this Symposium on the topic of "Law, Literature, and Social Change," we asked whether current trends in literature and in literary, social, and legal theory actually could play a role in bringing about social change. The authors gathered at this Symposium responded to this question in very different ways. As we read their articles and comments, however, and as we talked about their various approaches, some common themes began to emerge. Narrative seemed important. The way people split public life off from private experience came up frequently. But violence seemed to be on everyone's mind.
Surrogacy, Slavery, And The Ownership Of Life, Anita L. Allen
Surrogacy, Slavery, And The Ownership Of Life, Anita L. Allen
All Faculty Scholarship
No abstract provided.
Rules Of Conduct And Principles Of Adjudication, Paul H. Robinson
Rules Of Conduct And Principles Of Adjudication, Paul H. Robinson
All Faculty Scholarship
In this article I will show why our legal system's rules of conduct are presently unclear, how the system arrived at its current state, and what can be done to make the rules of conduct clearer. My arguments and conclusions are, in brief, as follows: The criminal law fails to communicate clear rules of conduct because it fails to distinguish this communicative function from that of adjudicating violations of the rules, which requires primarily an assessment of the blameworthiness of the violator. These two functions - announcing public rules of conduct and assessing individual blame in adjudication of a violation …
Strategic Research In Law And Society, Bryant G. Garth
Strategic Research In Law And Society, Bryant G. Garth
Articles by Maurer Faculty
No abstract provided.
The Natural Law Of Rhythm And Equality, John W. Ragsdale Jr
The Natural Law Of Rhythm And Equality, John W. Ragsdale Jr
Faculty Works
The quest for natural law can easily seem futile to the secularist, and the legal terrain beyond human institutions has often been abandoned to the theologians and the supernaturalists. Most contemporary legal philosophers tend to focus on law as process, on legal positivism and legal realism, on the relativity of values or on the legal masking of class, race or gender interests. This piece will not do direct battle with these philosophies, all of which may have internal integrity and legitimacy within their chosen spheres. Instead, this piece will reexplore the possibility and propriety of linking the reality of law …
The Concept Of The Self In Legal Culture, Lawrence M. Friedman
The Concept Of The Self In Legal Culture, Lawrence M. Friedman
Cleveland State Law Review
This essay is an exploration in the domain of legal culture, or, in other words, an exploration of those social ideas and concepts that shape and underpin the law.' Specifically, it is about the concept of the individual, or the self, and how this concept makes its mark on the legal order. The basic theme of this essay can be wrapped up in one small package: society, and law, has moved in the direction of expressive individualism over the last century or so, especially in the last few decades. Whatever the sources of this change "outside" the legal system, its …
Political Pressure And Judging In Constitutional Cases, Robert F. Nagel
Political Pressure And Judging In Constitutional Cases, Robert F. Nagel
Publications
No abstract provided.
Implementing Brown In The Nineties: Political Reconstruction, Liberal Recollection, And Litigatively Enforced Legislative Reform, James S. Liebman
Implementing Brown In The Nineties: Political Reconstruction, Liberal Recollection, And Litigatively Enforced Legislative Reform, James S. Liebman
Faculty Scholarship
Opposed for a decade by a hostile national administration, faced with the prospect for decades to come of an unsympathetic federal judiciary, and amidst declarations of the Second Reconstruction's demise, civil rights organizations have undertaken recently to rethink their litigation agendas. I have two motivations for offering some thoughts in support of that task. First, the civil rights community has requested the assistance of the academy in reshaping the community's litigation agenda and, in my case, in identifying "new strategies for implementing Brown v. Board of Education." Second, my analysis of the principal "old" strategy for implementing Brown, …
Introduction To Keynote Speaker Randall Bovbjerg, Symposium: Ohioans Without Health Insurance, Joel J. Finer
Introduction To Keynote Speaker Randall Bovbjerg, Symposium: Ohioans Without Health Insurance, Joel J. Finer
Law Faculty Articles and Essays
The author introduces keynote speaker Randall R. Bovbjerg at the Inaugural Conference of the Law and Public Policy Program.
Setting The Conditions For Self-Rule: Unions, Associations, Our First Amendment Discourse And The Problem Of Debartolo, Thomas C. Kohler
Setting The Conditions For Self-Rule: Unions, Associations, Our First Amendment Discourse And The Problem Of Debartolo, Thomas C. Kohler
Thomas C. Kohler
No abstract provided.
Proving Discrimination After Price Waterhouse And Wards Cove.Pdf, Candace Kovacic-Fleischer